Warranty and Claims. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, NO WARRANTY, EXPRESS OR IMPLIED, SHALL BE APPLICABLE TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE QUALITY OF THE PRODUCTS, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SUITABILITY OR ANY IMPLIED WARRANTY THAT ANY OF THE PRODUCTS ARE FIT FOR A PARTICULAR PURPOSE, NOTWITHSTANDING ANY COURSE OF DEALING OR INDUSTRY PRACTICE INCONSISTENT WITH THIS AGREEMENT. Should Xxxxx choose to provide a warranty to its customers beyond the warranty provided by Supplier, then Xxxxx shall bear the entire cost of such warranty. Should any Product not comply with the warranties of Supplier expressly made in this Agreement, then Supplier shall, as the sole and exclusive remedy of Xxxxx, provide replacement Product to Xxxxx at Supplier’s Facility.
Warranty and Claims. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, NO WARRANTY, EXPRESS OR IMPLIED, SHALL BE APPLICABLE TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE QUALITY OF THE PRODUCTS, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SUITABILITY OR ANY IMPLIED WARRANTY THAT ANY OF THE PRODUCTS ARE FIT FOR A PARTICULAR PURPOSE, NOTWITHSTANDING ANY COURSE OF DEALING OR INDUSTRY PRACTICE INCONSISTENT WITH THIS AGREEMENT. Should Xxxxx choose to provide a warranty to its customers beyond the warranty provided by Supplier, then Xxxxx shall bear the entire cost of such warranty. Should any Product not comply with the warranties of Supplier expressly made in this Agreement, then Supplier shall, as the sole and exclusive remedy of Xxxxx, provide replacement Product to Xxxxx at Supplier’s Facility. pg. 7 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT OF THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY SUBMITTED TO THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH THREE ASTERISKS (***).
Warranty and Claims. A. Dealer will provide warranty service or replacement of the BMT Messtechnik GMBH products according to the terms of the Warranty Policy for BMT Products dated July 2017. Dealer does not guarantee or otherwise assure performance of the manufacturer's warranty. Any claim on account of any such warranty will be made solely against the manufacturer and, notwithstanding any such claim, the purchase price will be paid on the terms set forth in Dealer's proposal and invoice.
Warranty and Claims. Except as expressly set forth in this Agreement, including, without limitation, as expressly set forth in Section 5.1 above, no warranty, express or implied, shall be applicable to the Northern White frac sand supplied hereunder, including, without limitation, any warranty as to the quality of such Northern White frac sand, any implied warranty of merchantability or suitability or any implied warranty that any of such Northern White frac sand is fit for a particular purpose, notwithstanding any course of dealing or industry practice inconsistent with this Agreement. Should Halliburton choose to provide a warranty to its customers beyond the warranty provided by Supplier, then Halliburton shall bear the entire cost of such warranty. Should any Northern White frac sand not comply with the warranties of Supplier expressly made in this Agreement, then Supplier shall, as the sole and exclusive remedy of Halliburton, promptly provide replacement Northern White frac sand to Halliburton at Supplier’s Facility.
Warranty and Claims. 24. If specified in the Proposal, Diverseco warrants that, subject to clause 25, the Goods are free from defects due solely to faulty workmanship or materials for mechanical, electrical parts and software for the period specified in the Proposal. Where no period is specified, the warranty period is 12 months from delivery.
Warranty and Claims. Seller warrants that each product delivered hereunder will be of the kind designated or specified. No other warranties, except of title, are given and none are implied. If the product is modified, processed, or damaged after leaving Seller's possession or the location that quoted; or if the product is subjected to any use or condition other than normal and customary ones or to any use or condition that is not specified to Seller by the customer, all warranties (other than title) shall be irrevocably waived. All warranties, other than title, shall expire sixty (60) days after delivery of the product to customer (The “Warranty Period”). If any product sold hereunder is not of the kind specified or designated, the customer shall immediately notify Seller. If any tests are conducted, the parties shall agree on the test protocols and testing laboratory and both parties may be represented at those tests. Tests that are not in accordance with this procedure shall be deemed of no effect. In the event Seller is in breach of its warranties or otherwise liable in tort, contract, or on any other basis, Seller may, at its option, satisfy all of its legal obligations by either (1) correcting the defect or defects by making available at the customer’s plant a repaired or replacement product, OR (2) refunding the purchase price of the defective product to the extent that the customer has paid Seller for the product and by waiving any claim for the unpaid balance of the purchase price. In no event shall Seller be liable for damages that exceed the cost of correcting defects in the product sold by Seller. Seller shall not be liable for special, incidental or consequential damages. Buyer must notify Seller of any Products that do not conform to the foregoing warranty during the Warranty Period. Buyer must return no-conforming Products to Seller in accordance with Seller’s RMA then-current procedures. Replacement Products may be refurbished. Buyer will pay for all transportation charges on any Products returned from buyer to Seller. After expiration of the aforesaid sixty-day warranty period, Seller shall not be liable for breach of warranty (other than warranty of title) or any related claim. The warranties stated in this paragraph are exclusive and in lieu of all other warranties, whether statutory, express or implied, written or oral, including any warranty of merchantability or fitness of a particular purpose. Seller is not obligated to provide any support or maintenance ...
Warranty and Claims x. Xxxxx Burger guarantees that the Products meets the specifically agreed upon quality as stated in an agreement during a period of 1 (one) year, with an exception for inkjet print head and ETP sources, for the latter the warranty period is 60 days or 1440 hours.
Warranty and Claims. 7.1 The Seller guarantees the quality of the goods for 24 months from the delivery of the goods to the Buyer. The warranty period begins on the day following the delivery of the goods to the Buyer. The quality guarantee means that the delivered goods will be fit for use for the agreed or otherwise usual purpose or that they will retain the agreed or otherwise usual characteristics for the duration of the guarantee period. For deliveries of parts intended for installation in the final product, the Seller provides a warranty for the quality of the goods for a period of 24 months from the date of acceptance of the finished product by the Buyer, subject to the conditions of use and compliance with the instructions in the instructions for use, but no longer than 4 years from the date of delivery of the goods to the Buyer.
Warranty and Claims. 9.1 With respect to the Products supplied by Xxxxxx, the manufacturer's warranty provided by the manufacturer shall apply. A warranty period of twelve (12) months shall apply to Xxxxxx Products that consist of parts originating from different manufacturers that are formed together by Xxxxxx into a Product.
Warranty and Claims. The supplier guarantees to the buyer that the goods delivered hereunder will not have any functional or quality-related defects for a period of 24 (twenty-four) months from the date of their handover to the buyer. The warranty does not apply to wear resulting from the ordinary use of the goods. During the warranty period, the buyer may file claims related to the quality and quantity of the delivered goods. The buyer’s claims may involve the following: quantitative: if the quantity of delivered goods does not correspond to the quantity specified on the delivery note, qualitative: if the delivered goods do not meet the requirements listed in Art. III (3.3) herein, or the standards listed in Annex 1 hereto. Defects and claims related to defects shall be resolved per the applicable provisions of the Commercial Code based on a written record of the claim which shall include description of the defects of goods, the buyer’s elected option to resolve the claim, and the number of the agreement, delivery note and invoice. The seller shall respond to a claim within 3 business days at the latest to the buyer's email address. If a claim is substantiated, the seller commits to replace the defective goods with goods in perfect condition within a mutually-agreed period, but no more than 14 (fourteen) calendar days from the date on which the claim is filed. The seller shall bear any and all costs related to the processing of any substantiated claim. Should the seller fail to process a substantiated claim in a full and timely manner or, in consideration of the circumstances of the claim, there is no doubt that they will not be able to replace the defective item, the buyer is authorised to arrange for repair of defective goods through a third party at the seller's cost. In such case, the seller shall pay any price difference for undelivered goods.
